Owner Name: *
Full Home Address *
Contact Telephone Numbers *
Email Address *
Vessel Name *
Type of Propulsion *
Length Overall *
Special Notes *
Name of Insurer *
ELECTRICITY SUPPLY REQUIRED? *
Electricity supply is subject to availability, and incurs a standing charge of £12.00 per month, and units used will be charged at the prevailing rate.
Storage Ashore Accommodation means the land space temporarily allocated to the Owner from time to time by the Company for the storage ashore of the
Vessel during the term of the Licence.
Vessel shall include any form of craft, boat, ship, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Owner.
LIABILITY, INDEMNITY AND INSURANCE
The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions,
the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment.
The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.
Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate
insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so.
The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.
The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of this Licence by the Owner) to terminate this Licence in the following manner in the event of any breach by the Owner of this Licence; If the Owner fails to remove the Vessel on termination of this Licence whether under this Condition or otherwise), the Company shall be entitled:
to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination of this Licence and the actual date of removal of the Vessel from the Harbour and Premises; and/or
at the Owner's risk (save in respect of loss or damage directly caused by the Company's negligence or other breach of duty during such removal) to remove
the Vessel from the Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.
Any notice of termination under this Licence shall, in the case of the Owner, be served personally on the Owner or sent by re gistered post or recorded delivery service to the Owner‘s last known address and in the case of the Company shall be served at its principal place of business or registered office.
RIGHTS OF SALE AND OF DETENTION
Where the Company accepts a Vessel, gear, equipment or other goods for storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
Maritime Law entitles the Company in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or other property.
The Company reserves a general right ("a general lien") to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any
sums due to the Company. If the Licence is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the
Owner at the Company’s 24 hour rate for overnight visitors for each day between termination or expiry of this Licence and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Harbour and Premises.
PARKING Subject always to the availability of parking space Owners and their crew may only park vehicles on the Premises in accordance with the directions
of the Company. Vehicles left at owner’s risk.
REGULATIONS The Owner shall at all times observe the Company's Regulations and in particular:
The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the vessel and ready for immediate use in case of fire.
ACCESS TO PREMISES/WORK ON THE VESSEL
No work shall be done on the Vessel, gear, equipment or other goods while on the Premises without the Company’s prior written consent other than minor
running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family not causing nuisance, or annoyance to
any other customer or person residing in the vicinity, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.
Prior written consent will not be unreasonably withheld where:
The work is of a type for which the Company would normally employ a specialist sub-contractor; or
The work is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of the equipment to which the warranty relates.
Notwithstanding the foregoing, during periods of work by the Company on the vessel, neither the Owner nor his invitees shall have access to the Vessel
without the Company’s prior consent, which shall not be unreasonably withheld.
HEALTH, SAFETY AND THE ENVIRONMENT
The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur on the Premises as soon as possible after they occur.
No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Premises so as to cause any nuisance or annoyance to any other users. Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.
No refuse shall be thrown overboard or left on the pontoons, or car parks or on any other part of the Premises, or disposed of in any way other than in the
receptacles provided by the Company or by removal from the Premises.